PArking CCJ over 10 in a car park

beamerguy

deshulina wrote: »

Sorry to be unclear. I meant I agree with @HeatonGuy post, but as for the defence I do think I will need some help if possible just to make sure it's presented in the best way possible.

Johnersh is the best help for you, also rely on Redx, Lamilad
and Umkomaas etc and of course loadsofchildren
Simply lots of posts from a member, they can be relied upon

deshulina

beamerguy wrote: »

Johnersh is the best help for you, also rely on Redx, Lamilad
and Umkomaas etc and of course loadsofchildren
Simply lots of posts from a member, they can be relied upon

Thank you very much !

[Deleted User]

You'll have to decide whether to fight to a hearing or whether you want to try and make some sort of payment linked to an agreement to set aside a CCJ

Were I to defend this, I'd do a statement AND a defence. My statement would explain (a) what happened and (b) why I didn't receive court papers.

I would also refer to the tests in the court rules at CPR 13.3 and append a full defence to show that the case is defensible.

Questions
1. Is that the sign you saw and read - often parking eye use different signs at the entrance to the car park?
2. Why, if you can pay by phone, did you need to get change? Not a criticism, but that will, I'd imagine, be raised by the claimant.

deshulina

Johnersh wrote: »

You'll have to decide whether to fight to a hearing or whether you want to try and make some sort of payment linked to an agreement to set aside a CCJ

Were I to defend this, I'd do a statement AND a defence. My statement would explain (a) what happened and (b) why I didn't receive court papers.

I would also refer to the tests in the court rules at CPR 13.3 and append a full defence to show that the case is defensible.

Questions
1. Is that the sign you saw and read - often parking eye use different signs at the entrance to the car park?
2. Why, if you can pay by phone, did you need to get change? Not a criticism, but that will, I'd imagine, be raised by the claimant.

Afternoon all,


Please excuse the delay in my reply. Haven't been able to make it to the compute in the past few days.


Back on track
1. There were three sings all together two blocked by cars at the time of entry and one up 7feet in the air so this is the one I read once I entered, waited for someone to reverse, got out look around, fount the 7ft one impossible to reed and walked up to find this one the side in front of a bay with a parked car.
2. I had my car recently changed and didn't have a debit nor a credit card with me at the time, as the cards were changed the pay by phone app didn't work as it needed new details.


Can my defence written earlier on here be use or it will have to be edited throughout?

jkdd77

filthynines wrote: »

It is trite that "costs follow the event" in civil litigation; meaning the winner gets his/her costs. However, where the court sets aside default judgment which was properly entered then it is the court's standard practice to award the Claimant - ParkingEye, in this case - its costs. You will therefore have lost your £255, and PE might seek additional costs.

I don't believe this poster is a lawyer. If he/she was, he/she would know that, on the contrary, it is standard practice to "reserve" application and hearing costs relating to a successful set-aside application pending the final hearing on the substantive merits, and that, in most cases, the loser at the final hearing gets lumped with the costs. In any case, the court papers were sent to the wrong address so that the default judgement was not "properly entered" at all.

The bit about PE supposedly having the "best processes to ensure top-notch evidence" is laughable and shows his/her true colours, given that PE regularly pursue individual frivolous claims (e.g. "double-dip cases") as part of their mass automated MCOL robo-claims, only to drop when faced with a strong defence.

If nothing else, getting the set-aside will repair the OP's credit record, even if he/ she loses at the substantive hearing. PE usually don't attend set-aside hearing, so I think that the OP has an excellent chance of obtaining a set aside.

There has been at least one case where a motorist who stopped temporarily to seek change, before, having failed to obtain change, driving off, was held by the district judge not to have accepted the purported agreement to park their vehicle.

I would argue that the OP's actions in driving off at the first reasonable opportunity (given the specific circumstances) amounts to a rejection rather than an acceptance of the purported "contract to park".

It sounds like the signage can be clearly distinguished from Beavis, being incapable of being easily seen and easily understood, especially so given the onerous nature of the charge, so this could also be a key point to raise at the set-aside hearing to show a realistic prospect a success.

I would also argue that PE acted recklessly in issuing court papers to the wrong address without taking fresh steps to verify that the OP's address was correct as at the time of issue, and ask the judge to consider ordering that the costs associated with the set aside be immediately repayable by PE to the OP, irrespective of the outcome of the substantive case.

ampersand

jkdd77 - re: your 1st sentence, agreed.

Hopefully, this poster stays in the shallow end before unsettling other newbies.

Deshulina, stay on track as you've been advised, by trusted, long-posting msers.
We're all with you.

deshulina

Thank you very much to both jkdd77 and ampersand !!


ampersand your words mean a lot, thank you for the support !

deshulina

Hi guys,

I just got the papers from parking eye for the court case on the 30th, could you please be so kind and have a look for me and give me some guidance on should I make any adjustments to my initial statement.

Please find the pdf in the link below

https://www.dropbox.com/s/mblc0z4rjf0n9yh/New%20Doc%202018-01-26.pdf?dl=0

Coupon-mad

Is this a hearing to SET ASIDE? Not to actually hear the claim, but for you to set aside the CCJ, the stage you paid for?

Big gap between your posts.

Please clarify? I'm worried you are saying PE sent you their WS and evidence, but you don't mention you did the same...

deshulina

Hi coupon mad,
I did apply for the CCJ to be put aside and submitted the information as I have previously posted here.

I just got the papers from PE today so I have to idea and I'm really confused as what will follow.

I just double checked as well in the court papers is to set the can aside.